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Forums > Homeowner Association > HOA Discussions
Subject: Voting via Email
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Author Messages
SusanS9
(California)

Posts:56
07/24/2010 1:07 AM  
If the Board (CA) is ready to vote to approve/disapprove a large invoice, but some homeowners voice concerns and the vote is not taken, can Board members vote via email after the concerns are addressed, or does the invoice need to be brought up at next board meeting (payment date is not an issue)? Are there any Davis Stirling codes that deal with this?
GlenL
(Ohio)

Posts:3526
07/24/2010 1:22 AM  
Corporations Code §7211. Board Meetings; Notice; Quorum; Consent to Act Without Meeting.

(b) An action required or permitted to be taken by the board may be taken without a meeting, if all members of the board shall individually or collectively consent in writing to that action. The written consent or consents shall be filed with the minutes of the proceedings of the board. The action by written consent shall have the same force and effect as a unanimous vote of the directors. For purposes of this subdivision only, "all members of the board" does not include an "interested director" as defined in Section 5233, insofar as it is made applicable pursuant to Section 7238.

Too bad the only people who know how to run the country are busy driving cabs and cutting hair. - George Burns
MaryA1


Posts:0
07/24/2010 9:39 AM  
Susan,

CA has an open meeting law which says all meetings must be noticed and only certain issues can be discussed in a closed session. Because the action w/o meeting is in the corp code and not the Davis-Stirling Act I don't know that HOAs should use this method to conduct business, or at least use it very sparingly, even though they are not exempted from this statute w/i the corp code. Sometimes it takes legislators awhile to find out that a particular statute in the corp code or nonprofit corp act should not apply to an HOA.

Bottom line, IMO the board should definitely not use email to vote on this issue nor use the action w/o meeting unless they cannot obtain a quorum for a meeting and the invoice must be paid b/4 the next regularly scheduled meeting.
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Forums > Homeowner Association > HOA Discussions > Voting via Email


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